The absence of any other pending case of similar nature against the petitioner and the petitioner's readiness to furnish an undertaking not to indulge in similar crimes in the future were crucial in the court's decision to grant bail.

JUDGMENT

1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

2. The petitioner has been arrested in connection with FIR No. 401/2018 of Police Station Mahamandir, Jodhpur for the offences punishable under Sections 419, 420, 465, 468, 471 and 120-B I.P.C and Section 3/6 of Rajasthan Examination Act, 1992. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he sent co accused Jagdish in his place in LDC Competitive Examination held on 16.9.2018. It is submitted that the co-accused Jagdish was apprehended on examination Centre and it is also submitted that Jagdish has already been enlarged on bail. Learned counsel for the petitioner has also submitted that the petitioner is ready to furnish an undertaking before the trial court that he will not indulge in similar type of crime in future.

4. Learned Public Prosecutor has vehemently opposed the bail application and argued that as a matter of fact, the petitioner is indulged in cheating and is also guilty of using unfair means in competitive examination. It is also argued that the offence of cheating or using unfair means in the examination is an offence against the society and, therefore, the petitioner is not entitled to be enlarged on bail.

5. Heard learned counsel for the parties.

6. It is not in dispute that the petitioner is guilty of using unfair means and cheating in competitive examination and the offence committed by the petitioner is against the society also, however, taking into consideration the fact that no other case of similar nature is pending against the petitioner, taking a lenient view, I am inclined to grant bail to the petitioner.

7. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

8. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Swaroop Singh S/o Shri Hanumanram shall be released on bail in connection with FIR No. 401/2018 of Police Station Mahamandir, Jodhpur provided he furnishes an undertaking before the trial court that he will not indulge in similar type of crime in future and also furnishes a personal bond of Rs. 2,00,000/- with two local sureties of Rs. 1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

9. It is made clear that if any case of similar nature is filed against the petitioner in future, during the pendency of trial of this case, the State will be at liberty to file application for cancellation of bail granted to him.